dismissed EB-1C Case: Investment And Retail

i;,.cm:n:ving data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
DATE: OFFICE: TEXAS SERVICE CENTER 
MAR 2 1 2012 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
u. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant 
to Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or 
Motion, with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
erryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. 
The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will 
be summarily dismissed. 
The petitioner is a Texas corporation that is engaged in "investment and management/retail 
sales," and it seeks to employ the beneficiary as its vice president. Accordingly, the petitioner 
endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1 1 53(b)(1)(C), as a 
multinational executive or manager. 
On July 27, 2010, the director denied the immigrant petition determining that: (1) the petitioner 
failed to establish that it would employ the beneficiary in a managerial or executive capacity; 
and, (2) the petitioner did not establish that the beneficiary has been employed outside the United 
States for at least one year in a managerial or executive capacity by a qualifying entity. 
On August 26, 2010, the petitioner submitted the Form 1-290B to appeal the director's denial. 
The petitioner marked the box at part two of the Form 1-290B to indicate that a brief and/or 
additional evidence would be submitted to the AAO within 30 days. The AAO did not receive 
any additional information or evidence. Thus, the record is deemed complete. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party 
concerned fails to identify specifically any erroneous conclusion of law or statement of fact for 
the appeal. 8 C.F.R. § 103.3(a)(I)(v). 
In regards to the director's conclusion that the petitioner failed to submit sufficient evidence to 
show the beneficiary's eligibility for the immigrant petition, the petitioner fails to identify any 
erroneous conclusion of law or statement of fact for the appeal. Going on record without 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings. Matter of Soffici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of 
Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
As no additional evidence is presented on appeal to overcome the decision of the director, the 
appeal will be summarily dismissed in accordance with 8 C.F.R. § 103.3(a)(1)(v). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 ofthe Act, 
8 U. S. C. § 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed.